Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1887-05-16
4 VERDICT REACHED.
Clark Found Guilty Of Murder in the Second
Degree.



The case of the State V. Elmer Clark. in
dicted for the murder of William O'Neal,
on the second OF March last, i over, the
Jury having returned verdict oI murder
in the second degree. II now remains for
the Court to dispose OF the motion for 4
new trial, or il that be not pressed, and It
may not he, to pass sentence upon the con-
victed man. Taking public sentiment all
through, the verdict is about what was eN-
pected. People conversant with the facts
in the case, either from hearing of the
testimony or otherwise, differed very wide
" As to the nature of the verdict they ielt
would be right and proper, the opinions
ranging all the way nom acquittal to muir
der in the first degree, with the death pen
atty lur punishment. Probably the largest
number, however, thought manslaughter
or murder i'll the second degree would he
the NEST probable verdict.
When court opened ut nine o'clock Yes
terday morning Capt. +. b. DOvener, of
counsel for the State, began his address to
the Jury, and spoke for about two hours.
Capt. Dovener held that the killing of
O'Neal WAS "A cold-hlOOdcd and deliberate
murder, and backed mp his view OF the
crime with some torcible arguments. 4
large audience was present to listen to this
the closing speech. About II o'clock,
h., In. Ia,
delivered the charge to the jury, and about
ll:2O the latter retired To deliberate upon
a verdict. At l. o'clock. there being no
signs of an agreement, Court took recess
until 30 o'clock At fhat hour the jury
resumed consideration of the evidence laid
before them, while the spectators, who had
fairly swarmed into the court room, set
tied themselves into comfortable attitudes
and either went to sleep or amused them
selves rs best they could.
Clark sat at his accustomed place ut the
little table occupied by his counsel on the
right side of the court room, and most Of
the time his wife sat close by his side.
During Il large portion of the afternoon the
two sat quietly each seeming buried in
thought. At intervals, Mrs. Clark would
speak to her husband, who would answer
in mOnasylables. As the day wore away,
it began TO he the general belief that the
Jury would not agree, but between that
and four o'clock they sent into the court
room for some instructions regarding Il yer
dict, and from that time on interest in
creased About half past five a. violent
pounding upon the jury room door indl-
Gated that IN agreement had been
reached, and i'll II moment the jury
filed into the court room. The usual
formalties were gone through with, and a
verdict of murder in the second degree was
announced. The counsel for the defense
asked to have the jury polled, and each
man responded in the Affirmative. The
Court then thanked the jury aud dis
charged them. The defense made a mo-
ton for a new trial and in few moments
Court was adjourned and the prisoner
taken back to Jail.
The verdict of the jury seemed 10 make
no impression upon the audience. The
prisoner had evidently expected something
worse, and was visibly excited when the
Jury came in. When the verdict was an
nounced, the reaction caused him 10 APP
pear weak, and on passing out OF the Court
room he chung tightly to the Sheriff arm,
as though needing support.
The punishment for murder IN the see
ond degree is Imprisonment IN the pcnI-
Tertiary for from five to eighteen years, at
the discretion Of the Court.
1t was understood last evening that At
first the jury stood eight for murder in the
first degree and four for a lighter verdict.
Several hours were spent in trying 10
bring the minority over, and then the yer
diet of murder in the second degree was
fixed upOn.